Weather Alert: High Wind Warning expires at 10:00 PM on 5/26, issued at 4:19 AM Aneth, UT | Bluff, UT | Bonanza, UT | Cisco, UT

Utah immigration law still on hold


Story Comments Share
Updated: 2/17 6:28 pm | Published: 2/17 5:41 pm
Reported by: Marcos Ortiz
SALT LAKE CITY (ABC 4 News) - A federal judge says Utah's immigration law will remain on hold pending his decision.
Lawyers for the state and U.S. Department of Justice argued about the constitutionality of the law.

House Bill 497 went into effect last summer but was quickly blocked by federal Judge Clark Waddoups after several groups including the American Civil Liberties Union and the National Immigration Law Center sued.  The groups claim it could lead to racial profiling.

The legislation empowers police by allowing them to ask for citizenship of anyone committing serious crimes in Utah. Police also have the discretion to ask for documentation for less crimes like a traffic violation. 

The Department of Justice also opposed Utah's law claiming it has no authority to create immigration laws.  Attorneys for the justice department argued it is the job of Congress to make such laws.

But attorneys for Utah claim the state is working within the guidelines set by Congress.

"This isn't as invasive as people fear," said Barry Lawrence.

Lawrence argued that Utah's law is much different than the immigration law created by Arizona.  That law was struck down by a federal appeal court and will be heard in April by the U.S. Supreme Court.

Outside the courthouse about 50-protestors gathered throughout the day in hopes HB 497 would be struck down.

"People who look talk (with an accent) like me and look (dark-skinned) like me will be targeted," said Victor Puertas.

Alicia Cervantes of Salt Lake was one of the plaintiffs in the lawsuit.  She says she is terrified of HB 497. 

"My daughter just got her drivers license and if she's pulled over she is going to have to have citizenship papers with her," Cervantes says.  "That's not right.  I fear for families, I fear for my family."

Judge Waddoups says he will decide in a few days whether to make an immediate decision or wait for the U.S. Supreme Court to rule on the Arizona law.
Story Comments Share
4 Comment(s)
Comments: Show | Hide

Here are the most recent story comments.View All

The views expressed here do not necessarily represent those of ABC4

DaveFrancis - 2/20/2012 6:50 PM
0 Votes
The American People have paramount influence with their vote and they should use it? Exercise this nation of all the incumbents’ politicians who have stayed impartial to expanding government. Start with the Governors, Mayors, judges, police chiefs and all the city and township officials, who have refrained from carrying out the wishes of all citizens and permanent residents. The 2012 election is probably the most momentous in the last 50 years, and every citizen voter must comprehend the consequences if we do not unseat those legislators in both parties, who are do-nothings or repressing laws that can advance America in the right direction. The expectation of the progressive election event must not be comprised by non-citizens voting. They have been previously counseled by organizations such as Acorn, who had earlier associations with President Obama, when he was employed by them. If possession of an official picture ID, is not the collective remedy for all 50 states, the whole system of voting could be compromised. Whether it’s Mitt Romney, Rick Santorum, Ron Paul or Newt Gingrich, these presidential candidates must assure the voting public that they will first rescind the Socialist Obamacare program, which in due course capsize the boat if it remains in full force. Not only will it draw millions of illegal migrants across borders, but hundreds of thousands of illegal immigrants from foreign shores.

DaveFrancis - 2/20/2012 6:49 PM
0 Votes
. According to those involved in structuring Obamacare, that no illegal aliens will be eligible for being part of this countrywide partnership? But no citizen-resident today believes the rhetoric, as we have seen time and time again how the laws have conscripted us all into paying. We cannot meet the expense anymore and then why should Americans be the paymaster for people with no right to be in our sovereign land? Those who step into power should have partisan affiliation, and become a standing member of the proliferating TEA PARTY. They must be ready to condense or introduce extinction for such bloated governing agencies as the Central Department of Education and the Environmental Protection Agency, shrinking the federal workforce to the bare minimum; substitute these agencies of the government into the empowerment of state and local entities. Policymakers must provide an oath that really means something, not the lies that they swear upon to defend our people from enemies--domestic and foreign. Certainly we must alleviate the unfair TAX code that has extorted by the IRS, reducing such a huge monstrosity of paperwork. It is essential to close all the loopholes, the subsidies and halt illegal aliens sending an estimated 46 billion dollars out the country on a fiscal basis. President Obama is almost genuflecting to other foreign dictatorships as China and Iran? The majority of our oil supplies, natural gas should be to benefit our country and should come from our own wells, across our mighty nation, not from people's who are unfriendly to us. Only by bypassing the incumbency of the established elites in both parties and joining the Tea Party can we return to the edicts of the US Constitution.

DaveFrancis - 2/20/2012 6:48 PM
0 Votes
LEGAL IMMIGRATION IS NOT ABOUT A PERSONS COLOR, RACE, FAITH, BUT ALL ABOUT COMMONSENSE? IT’S ABOUT THE “RULE OF LAW” AND THE COST OF SUBSIDIZING OTHER COUNTRIES POPULATION WHO ENTER OUR SOVEREIGN NATION? We are The PEOPLE, the TEA PARTY and we don’t need a foreign court, to pressure us into adopting Islamism 'Sheria' laws as this causing the unsettling in Europe. We should also be exempt from being a signatory to being taxed on behalf of the United Nations and apply our laws in providing welfare assistance to our own countrymen in poverty. Further, every taxpaying American needs to hold accountable every lawmaker who doesn't co-sponsor the Legal Workforce Act, (LWA) that mandates E-Verify for every single U.S. business and corporation within the jurisdiction of the United States, to stop foreign nationals taking American jobs. To complete this process, the " Birthright Citizenship Act" (BCA) needs also to find passage in the Congress, to amend the 14th Amendment so no child can be eligible for citizenship, unless a parent is a citizen themselves? Go and study the massive amounts of money extracted from us, annually to pay for all these unfair benefits. These are all unfunded mandates ordered by the courts which are not just millions of your dollars, but a hundred billion. This money could go towards reducing the near 16 trillion debts that both parties have created and accommodated, these politicians grossly indifferent to accomplishing the right thing. It's time to get rid of the Sen. Richard Lugar, Sen. Utah Sen. Orrin Hatch. Texas Sen. Kay Bailey Hutchison and these old long term entrenched politicians that we have suffered too long.

DaveFrancis - 2/20/2012 6:47 PM
0 Votes
Learn the ropes and stop this travesty, which is sucking the dollars from us. Don't forget to call your Senator or Representative at 202-224-3121. Don't forget to give your state incumbent lawmakers a challenge of NO RE-ELECTION VOTE, if they are anti-Sovereignty? We are a caring people, but Americans must come first and any lawmaker who represents the illegal immigrant, must be kicked out of office. This is not mean-spirited; this is survival of our nation, our flag and our language. American jobs for American people. Learn about the rampant corruption at Judicialwatch.org site OVERPOPULATION is another buried issue, which will cause major environmental problems by 2040. Go to the website of ‘American Patrol’ and research a fair assortment of fact driven articles of what is mostly concealed by the Liberal media.
ABC 4 Poll
Inergize Digital This site is hosted and managed by Inergize Digital.
Mobile advertising for this site is available on Local Ad Buy.